Court upholds cutoff of DoJ funds in medical marijuana states

U.S. vs. McIntosh

In the opinion of U.S. vs. McIntosh, written by Judge Diarmuid F. O’Scannlain, the court held that the Rohrabacher-Farr Amendment, recently passed by Congress and signed by the President, prohibits federal prosecution of conduct that is allowed by the state’s medical cannabis law.

In the August 16, 2016 opinion, Judge O’Scannlain wrote:

“We therefore conclude that, at a minimum, § 542 prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws.”